PEOPLE v. ESTRADA (1998)

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J., at hearing;  Ira Globerman, J., at jury trial and sentence), rendered January 30, 1996, convicting defendant of robbery in the first degree, burglary in the first degree and criminal impersonation in the first degree, and sentencing him to concurrent terms of 71/212 to 15 years, 71/212 to 15 years and 2 to 4 years, respectively, unanimously affirmed.

 Defendant's suppression motion was properly denied.   The hearing court properly exercised its discretion in restricting defendant's cross-examination of the investigating detective on irrelevant matters, while affording ample latitude with respect to material issues (see, People v. Rivera, 254 A.D.2d 199, 679 N.Y.S.2d 567) and defendant was not prejudiced by the preclusion of questions related to his consent to go to or remain at the precinct (People v. Artis, 201 A.D.2d 488, 607 N.Y.S.2d 400).   The record supports the hearing court's determination that there was an independent source to support the complainant's in-court identification (see, People v. Hyatt, 162 A.D.2d 713, 557 N.Y.S.2d 415, lv. denied 76 N.Y.2d 987, 563 N.Y.S.2d 775, 565 N.E.2d 524).

 Defendant was not entitled to a missing witness charge with respect to a detective where there was no demonstration that this witness would provide noncumulative testimony on a material issue (see, People v. Cortijo, 251 A.D.2d 256, 675 N.Y.S.2d 50).

MEMORANDUM DECISION.